ISS Security Pty Ltd T/A ISS Facility Services Summary

[2013] FWCA 6729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Security Pty Ltd T/A ISS Facility Services
(AG2013/2370)

ISS SECURITY PTY LTD PERTH AIRPORT ENTERPRISE AGREEMENT 2013-2016

Security services
COMMISSIONER GREGORY	MELBOURNE, 13 SEPTEMBER 2013

Application for approval of the ISS Security Pty Ltd Perth Airport Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the ISS Security Pty Ltd Perth Airport Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ISS Security Pty Ltd T/A ISS Facility Services. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2013. The nominal expiry date of the Agreement is 31 August 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the ISS Security Pty Ltd Perth Airport Enterprise Agreement 2013-2016. The applicant, ISS Security Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the proposed agreement and their compliance with relevant labour laws and industrial relations provisions.

The primary legal issues the court had to address were whether the proposed agreement met the requirements for approval under the Fair Work Act, and if it contained appropriate provisions for the protection of employees' rights and interests. The court had to determine whether the agreement satisfied the criteria for "better off overall" and "in the national interest" as stipulated in the legislation. Additionally, the court examined whether the agreement adequately addressed the needs of both the employer and the employees, including provisions for wages, working conditions, dispute resolution, and employee protections.

In delivering its decision, the court found that the proposed agreement largely met the requirements for approval. It was determined that the agreement provided for fair and reasonable terms and conditions, and that it was in the best interests of both parties. The court noted that the agreement included provisions for wage increases, improved working conditions, and a framework for dispute resolution. Furthermore, the court was satisfied that the agreement would result in employees being better off overall and was in the national interest. The court concluded that the application should be approved, and the agreement was subsequently certified as meeting the necessary legal standards.

The final orders of the court were that the ISS Security Pty Ltd Perth Airport Enterprise Agreement 2013-2016 be approved and registered under the Fair Work Act. The agreement was to take effect from the date of the approval and would remain in force until the next scheduled review or termination, as outlined in the agreement itself.

ISS Security Pty Ltd T/A ISS Facility Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established